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How to withdraw a small claim

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  • How to withdraw a small claim

    Hello, not sure if this is right area.

    I filed a small claim at beginning of the year, went through mediation to no avail.

    It was transferred to my local court and a hearing date set, with the hearing payment to be paid by 19th July.

    We have agreed a settlement, and I wish to withdraw the case. Ideally I would rather the case be withdrawn by my request rather than struck out for non-payment of hearing fee.

    How on earth am I supposed to inform the court?

    MCOL just has status as 'transferred' so I can no longer update the case there.

    I've emailed my court with no response.

    It's literally impossible to get them to answer the phone to ask them.

    Do I need to hand deliver (time sensitive) a letter to the court asking them?
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  • #2
    Re: How to withdraw a small claim

    You use this form https://formfinder.hmctsformfinder.j...k/n279-eng.pdf - file at court and send a copy to the Defendant

    Before you do that though - you have agreed a settlement - have you actually received that settlement ? If not there could be a concern that once you discontinue the case the settlement will go unpaid - in which case it is normally advisable to put in place a consent / tomlin order agreed between the parties - which spells out the terms of the settlement agreement and keeps the claim in the court system until after the payment has been made, if payment isn't made the court case can be picked back up. There's some examples of tomlin orders http://legalbeagles.info/forums/show...-credit-claims
    Common Sense .... if in doubt, use it !

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    • #3
      Re: How to withdraw a small claim

      So if I first class (recorded) that to the court and defendant today that would make it by the Wednesday deadline? Or is it best to hand deliver to the court and post to the defendant?

      I have a written agreement in place, only I have 'signed it' but there is an email trail from their legal department. Payment will be made on signing of the agreement by claimant and then confirmation from the court that the case has been withdrawn.

      I don't think there is time to renegotiate the agreement. They are a big solid company so they can definitely pay. If the case is withdrawn, surely the agreement I have is sufficient in itself to launch a new claim?

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